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Home My WebLink About72- MT Development Corporation ~ . " " " ~ , r Ie. '1', t'~ ." :.... ....... r; , , ,'\": ) ~, .~ .....~" EASFHElf'f AND iUGIYi' OF' \-JJ\Y AJ';I(EEI1ENT fOR SANITARY ~a~'dEf\ PIPELIHE THIS AGTZEEi1ENT, Made and entered into this 'f/!", day of Hay, 1972, by and between 110NTANA IHDUSTRIAL DEVELOPlltNT~ ccfFFOJ':A'1' I ON , a Montana corporation, with principal place of business in Bozeman, Montana, party of the first part, hereinafter called the Grantor, and THE CITY OF BOZEMAN, a municipal corporation of the State of llontana, in Gallatin County, the party of the second part, hereinafter called the Grantee, \,7 I T II E S S l~ '1' H WHEREAS, the Grantor is the legal record title owner of portions of the Southeast Quarter of Section 31, Township 1 South, }Zanga G East, H.P.H., in Gallatin County, :1ontana, more particularly described below; and WHEREAS, the Grantee, in the exercise of its power and author- i ty as a municipality of the State of l'10ntana, proposes to construct or to cause or permit to be constructed and install a sanitary sewer trunk line to connect with the existing sewer lines of the Grantee, 1:o~ether with the necessary appurtenances to serve various pronerties located within the area to be served by said sewer lines; and IvllEREAS, one or more of such lines vdll run across the Grantor's land; and WHEREAS, the Grantee desires to acquire from the Grantor and the Grantor is willing to grant to the Grantee an easement and ri~ht of way across the above-described property of the Grantor and its successors and assigns, for the purpose of installing, operating, llsing, repairing, replacing, maintainin~ and rcmovinr said ?2Wer lincG "'\:( dl'} ut" L.cnaJIC'2 ~~ and lor' s '.leL othCT :r':LP:lt~" of dCCC:::; ,3 dflu i'lcidC'ritdJ. rights, all as hereinafter more particularly described; NOW, THETZEFORE, in consideration of the sum of $10.00 and other considerations in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has hereby granted, bargained, sold, conveyed and confirmed, rmd 1,.,y these presents does hereby grant, bargain, sell, convc,/ and confirm unto the said Grantee and its successors and assi~ns the following rights and privileges forever; 1. A perpetual easement and right of way for the ")ll:rno~;c o~ installing, operating, using, repairing, replacing, mainta~ning (,md removing a sanitary sewer trunk line thereto upon and acros:~ the above-described property of the Grantors, said easement and rieht of way to consist of a strip of land described as follows: c.' Beginning at the Sl/4 Corner of Section 31, TIS, R6E, M.P.H., thence North 385 feet, thence East 155 feet, thence N450l4'E 215.3 feet to the true point of beginning, being the SW Corner of Montana lndu~trial Development Corporation property, thenc~ N302S'W 17.59 feet to the center line of a 30 foot utility easement (15 feet on either side), thence S 61056 I \'J 269.32 feet mo.re or less along said center t .' [, L.,4 j"A."~~: 1556 line to a point on the northerly R!W line of a 40 foot frontage road R/W and containing 8,079.30 sq. ft. or .185 acres along with a 30 foot construc- tion easement lying northerly and contiguous to the above-described UTILITY EASEMENT used only during the construction period. Beginning at the NW Corner of Montana Industrial Development Corporation Lot of Bridger Mobile Court No. 2 (Tract 8) said Corner being at right angles " + . 70 feet from Highway Station 5+09.6-, thence along westerly property line S390ll' 06'!E a distance of 40 feet, thence N50050'E, ~ distance of 30 feet, thenceN39()11'06" ~^J a distance of 40 feet to the southerly R/W of Bridger Road, thence S5004614211W a distance of 30 feet to the point of beginning and containing 1,200 sq. ft, or .028 acres along with the above-described utility easement an additional 30 foot construction easement used only during period of construction lying contiguous to the east and South sides of above utility ease- ment. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of install- ing, operating, using, repairing, replacing and maintaininF said sanitary sewer trunk line, together with the necessary appurtenances thereto, and for the removing of same if and when desired by the Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenan'ts and agrees v7i th the Crantor as tolloHs: 1. That, during operations inVOlving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil away from the site, remove any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed. ~rantee further agrees that it will leave the finished surface in substantially the same condition that existed prior to the beginning of operations, except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 2. To operate, use and maintain said sanitary seHer trunk line in such manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 3. In the event that it should become necessary for the Grantee to re-enter the Grantor's premises for the purpose of repairing, replacing, maintaining or removing said utility lines, the Grantee will reimburse the Grantor for any actual damage done tathe Grantorls premlses or crops. ' . 4. - 2 - . . ,'. . " (II".. Jf', ~' JI.. .' ... '7 · '1', i".~, '.,'! ,- . : ':,,,'~'J,.; The Grantor hereby covenants and agrees with the Grantee as follows: 1. That at no time will it build, construct, erect or maintain any permanent structure over or above the said utility lines unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said utility lines. 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor or its successors and assigns. 3. That it has been lawfully seized of said premises; that it has good right and lawful authority to sell the same and that its successors and assigns shall Harrant and defend t'he ,ti tIe to said 1-orcwises um:o said. Grantee, and its successors J.nd assigns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that this agreement shall be binding upon the successors and assigns of the Grantor and upon the successors and assigns of the (;ran'tee. IN WITNESS WHEREOF, the parties hereto have executed or caused these presents to be executed the day and year first herein- above written. , " MONTANA INDUSTRIAL DEVEJ.,QPI'1EHT.. . CO,~P"OgA ION(~,' ~~' ,./~...~.. ~\. l~' By __ """, / ti6~ .'.., "~ i.JlL1dj!c/J- PreSl . "~ r ~ : ,,'F'ARTY OF THE FIRST PART: '. ~. \..' ", " ') . - -:. ~: " , '" : , "'. · M,1:si; . 21) /fi i ~ . ,.. J;, ~t, L fl~~,. ',.'<:.,. i { .,~-c=i';e tary PARTY OF THE SECOND PART: of the Clty STATE OF MONTANA ) \ ' ss. County of Gallatin) On this . q day of l1ay, 1972, before me ,the undersigned, a Notary Public for~tate of Montana, personally appeared F. Delbrook Liclltenberg and Hjalmar B. Landoe, known to me to be the President and Secretary, respectively, of Montana Industrial Development Corporation, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said corporation. - 3 - ,. I" ~. . . F "'-~ t/~'.: 1558 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. ~ ~ ~ A Ii ',..- ~ /}., c./' I . /CO '). I fl//?:c! /;P[:fto/ Notary Public for the,03tate of 110nt. Residing at Bozeman, M9ptana. My commission exp~res 'i'--5' -I S'( ,.' ", .....1 : . . {"""~I <'>.1 ,.,,,. , / t~1 . ,,~: I, ""I" II _ ~ / '-:, " . .;,.~' ". I.... "/' ~,.\ f~ \ STATE OF MONTANA ) : 55. County of Gallatin) On this ;UJd day of May, 1972, before me, the undersigned, a Notary Public for the State of Montana, personally appeared William Grabow and Erna V. Harding, known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first above written. . ' ,.. 7::.. I'\"" .....; ~lthiS certificate . !r1'\ i\~ J /" IV ,t'-It- /\ I 1\ '\ f;J\ ( " "', \,G.t) Noltary Publ~c foli> the State()f~ Mont-:- Residing at Bozeman, Montana. My commission expires -~i-IS '-"1 '1 '. .. (~:\ \. :', :,' l -, -, "'-'r .'-.... 1$' :" .~ {lk. ' '... .' ,,~ .,I .' ;-. ,... ~ ,_I . ." C5)..... , "1" 'Q' '/~'i "---" . ",,,t \...]i\'~,;. lNDExn, "'V PLArrED"'~01 State of Montana 1 County of Gatlatin f 55. Filed J u 1 y 7 , 19 72 at 3 : 20 P. M d " an Recorded in book 14 of MISCELLANEOUS Page 1555 CARL L. STUCKY .-./ ~unty Clerk ~::order By~'/I ~?~#I../ Deputy f~~$.. -- Rt: City of Bozeman - Lt -